Mumbai Court July 1994 Judgments
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Shri Alexander Rebello Vs. Shri Shashikant
Court: Mumbai
Decided on: Jul-14-1994
Reported in: II(1994)ACC708
G.D. Kamat, J.1. Claim petition No. 100/85 had been instituted by the present appellant claiming a compensation of Rs. 4,18,000/- before the Motor Accidents Claims Tribunal at Margao. According to the appellant the claim had arisen on following facts: On 8th May, 1985 his daughter aged about 20 years when about to start her motorcycle of Luna make all of a sudden and without blowing any horn a pickup bearing No. GDZ 5653 driven by the first respondent and owned by the third respondent collided with Melba as a result of which Melba was thrown down and the Luna was also damaged. Melba suffered compound fracture of the right parietal-temporal region, profuse bleeding from her right ear and also another serious injury of compound fracture of right tibia and fibula. She was immediately taken to Hospicio Hospital at Margao and for lack of facilities she had to be shifted within 3 to 4 hours to Salgaonkar's Hospital where she was treated by Dr. Lad for about 6 weeks. From there she had to be ...
Laxmim Laxman Varang and ors. Vs. Purshottam Volvoikar and ors.
Court: Mumbai
Decided on: Jul-14-1994
Reported in: I(1995)ACC677
A.A. Halbe, J.1. The appellants--original petitioners (mother and sisters) have preferred this appeal against the quantum awarded by the Motor Accidents Claims Tribunal, Panaji in Claim Petition No. 79 of 1985. Whereas the claim preferred was to the extent of Rs. 3,50,000/-, the learned Member was pleased to award the compensation of Rs. 57,500/- with 8% interest thereon plus the costs of Rs. 2,000/-. According to the appellants, this amount is based on wrong calculation in the matter of compensation awarded by the learned Member. Ex-facia, the contribution taken towards the family by the deceased is ridiculously low and hence the compensation should be enhanced.2. The learned Advocate for appellants has contended that although the learned Member was pleased to record the findings that the earning of the deceased was around Rs. 1,000/-, the contribution of Rs. 300/- p.m. was not at all proper in the context of his monthly salary. That amount should have been taken at the rate of Rs. 80...
Mangalya Trading and Investments Vs. Coll. of Cus.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jul-13-1994
Reported in: (1994)(48)ECC29
1. This appeal is directed against the Order-in-Appeal No. 4165/87, dated 17-9-1987 of the Collector of Customs (Appeals) Bombay, confirming the order-in-original No. S/10-88/86 D dt. 2-4-1986 of the Dy. Collector of Customs Group D Bombay ordering confiscation vide Section 111(d) of the Customs Act, the item declared as "polyvinyl Pyrrolidone" valued at Rs. 1,40,181/- cif but granting option to the appellants to pay fine of Rs. 60,000/- in lieu of confiscation.2. The appellants imported the aforementioned item described as Luviskol K 30 (Polyvinyl Pyrrolidone PVP) and claimed clearance under the licence issued as Additional licences for the policy period 1985-88, and stated the items imported as falling within Entry No. 24 of App. 6 List 8 Part II of the same Policy Book, which related to "Drug/Drug Intermediates". The manufacturer's literature, however showed that the imported goods had the usage as ' Binder for tablets for non-pharmaceutical applications and plastic bandages". The ...
Employees' State Insurance Corporation Vs. Transport Corporation of In ...
Court: Mumbai
Decided on: Jul-13-1994
Reported in: (1999)IIILLJ509Bom
M.L. Pendse, J. 1. The respondent No. 1 is a Company incorporated under the companies Act, 1956 and has registered office at Secunderabad in the State of Andhra Pradesh. The Company is engaged in transport business and has branches all over India through which the Company carries on business of transport of goods sand materials. Some of the branches are situated in the State of Maharashtra. By notification published under section 1(5) of the Employees' State Insurance Act, 1948 (hereinafter referred to as the 'Act'), the Government of Andhra Pradesh provided that the transport establishments are covered by the provision of the Act. The notification was published in May 1981. It is not in dispute that the establishment in Andhra Pradesh was registered under the provisions of the Act. On July 29, 1986 the Deputy Regional Director, employees' State Insurance Corporation, Bombay served show cause notice upon the respondent No. 1 to explain why the contribution should not be paid for a peri...
Narsayya Sayanna Kunden Vs. Joint Regional Director, Esic, Pune
Court: Mumbai
Decided on: Jul-13-1994
Reported in: [1995(70)FLR5]; (1999)IIILLJ440Bom
ORDERD.R. Dhanuka, J 1. This is an appeal against order dated 21st July 1991, passed by Employee's State Insurance Court, Pune in Application (ESI/LCP) No. 6 of 1978. By the said application, the appellant herein had prayed for a declaration that the factories of the appellants referred to in the application were not covered by and under the Employee's State Insurance Act 1948, and the appellant was, therefore, not liable to pay a sum of Rs. 11,394/- to the Respondent Corporation. By the impugned order under appeal the Employees' Insurance Court dismissed the said application. Being aggrieved by the said Order, the appellants had preferred this appeal under Section 82(2) of the Employee's State Insurance Act, 1948. Section 82(2) of the said Act provides that 'an appeal shall lie to the High Court from an order of the Employee's Insurance Court, if it involves a substantial question of law'. The relevant facts having bearing on subject matter of this appeal are briefly summarised herein...
Vinod Son of Satyanarayan Lohiya Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jul-13-1994
Reported in: 1996(1)BomCR483
R.M. Lodha, J. 1. These two appeals shall stand disposed of by this common judgment since these appeals arise out of the judgment in Sessions Case No. 873 of 1991, State of Maharashtra v. Jaggu and Vinod, decided by the Additional Sessions Judge, Nagpur on 24-9-1992 whereby both the accused-appellants have been held guilty for the offences punishable under section 21 read with section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short, 'the NDPS Act') and sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 1 lakh each and in default of payment of fine, both the accused-appellants have been directed to suffer further rigorous imprisonment for 18 months each.2. The prosecution case as unfolded in complaint (Exh. 39) dated 2-10-1991 and the First Information Report of the even date (exhibit nil) is that Bapu Bhosle, Police Head Constable (P.W. 7) attached to Crime Branch and working in Narcotic Cell, on 2-10-1991 at about 11.30 a.m. alo...
Arjun Ganpatrao Mahajan Vs. the Punjabrao Krishi Vidyapeeth and anr.
Court: Mumbai
Decided on: Jul-13-1994
Reported in: 1996(2)BomCR120
H.W. Dhabe, J.1. petitioner has claimed declaration in this writ petition that the age of retirement prescribed for the academic staff of the Punjabrao Krishi Vidyapeeth at 58 years under the provisions of Statute 138(a) framed under the Maharashtra Agricultural Universities (Krishi Vidyapeeth) Statute, 1990 read with Rule 10(1) of the Maharashtra Civil Services (Pension) Rules, 1982 and Rule 10.1 of the Punjabrao Agricultural University (Krishi Vidyapeeth)Services Rules, 1971 is invalid and unconstitutional and that the age of retirement of the members of the academic staff in the service of P.K.V. including the petitioner should be 60 years. Accordingly, he has claimed that the notice of retirement dated 24-6-1993 issued by the respondent No. 1 P.K.V. seeking to retire him from service with effect from 30-6-1993 upon completion of age of 58 years should be set aside and he should be allowed to continue in service till completion of the age of 60 years.2. The facts are that the petiti...
Kisan Bhanudas Kumbhar Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jul-13-1994
Reported in: 1995(1)BomCR475
Vishnu Sahai, J.1. The appellant aggrieved by the order dated 9-11-1987, passed by the IIIrd Additional Session Judge, Solapur in Sessions Case No. 289 of 1986, convicting and sentencing him to undergo five R.I. and a fine of Rs. 2,000/- and 6 month R.I. in default, under section 304 Part II I.P.C., has come up in appeal before me. Along with the appellant, six other persons namely (1) Bhanudas Sopan Kumbhar (2) Vishwanath Sopan Kumbhar (3) Machindra Narhari Kumbhar (4) Prakhakar Vishwanath Kumbhar (5) Uttam Duryodhan Kumbhar and (6) Vasant Machindra Kumbhar were tried but, they have been acquitted by the aforesaid order.2. The prosecution case in brief is as under :The informant Batu alias Krishna Laxman Kumbhar P.W. 4 was the brother-in-law of the deceased Murlidhar Kumbhar. The latter was the brother of the wife of the informant and used to reside with the informant. In the land of the deceased, there was a well situate at a distance of about 200 feet from the informant's house. Tha...
Josepha Fernandes Vs. Aulio Joaquim Vaz and ors.
Court: Mumbai
Decided on: Jul-13-1994
Reported in: 1995(1)BomCR620
E.S. Da Silva, J.1. This writ petition under Articles 226 and 227 of the Constitution of India challenges the judgment of the Administrative Tribunal dated 23rd June, 1989 passed in Munkdar Revision Application No. 23 of 1986.2. By the aforesaid judgment the Tribunal has upheld the judgment and the order of the Additional Collector of North Goa, Panaji, dated 9th October, 1986 in Case No. MUND/AC/APL/65/84 which in appeal has reversed the judgment of the Mamlatdar dated 30-3-1994 declaring the petitioner as a Mundkar in respect of the dwelling house wherein she is staying and restraining the respondents Nos. 1 and 2 along with their family members, agents, servants, labourers and representatives from interfering in the petitioner's dwelling house.3. The case of the petitioner is that she is staying as a Mundkar in the property belonging to the respondents and situated at Borda, Margao. The petitioner along with her husband, who died some two years prior to the filing of the application...
Union of India (Uoi) and anr. Vs. Mackinnon Mackenzie and Co. Ltd.
Court: Mumbai
Decided on: Jul-12-1994
Reported in: 1995(2)BomCR473
M.L. Pendse, J.1. Messrs. Indian Sugar Industries Export Corporation had filed four drawback shipping bills for export of 11500 metric tons of Indian sugar. The sugar bags were to be transported by a vessel from Bombay to Indonesia. Mackinnon Mackenzie and Company Limited are the owners of vessel known as 'MV Teesta' and the said vessel was berthed in Indira Docks on March 7, 1977 and had been engaged to carry a cargo of 11500 metric tons of sugar. The loading operation commenced on March 7, 1977. On March 8, 1977, fire was reported in Hatch No. 4 of the vessel. The fire was brought under control but the fire caused heavy damage to most of the bags in the hatch. A survey of the damage was carried out and surveyors advised the shipping company to mitigate their losses and avoid further damage by unloading the bags forthwith. The bags were then unloaded and stored at the wharf. On March 11, 1977, the shipping company requested for removal of the bags to Bombay Port Trust Warehouse.The su...
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